State v. Rascoe

Mr. Chieíf Justice Green

delivered the opinion of the Court.

This is a suit to condemn land under sections 3109 et seq., of the Code by authority of Chapter 164 of the Acts of 1941 to be leased to the Federal Government for an air base. A jury of view assessed the total damage at $6,746.27. • On appeal to the circuit court a verdict for $5,700 actual damages and $12,000: incidental damages was returned and approved. This judgment was affirmed by tbe Court of Appeals and the State filed a petition for certiorari, which was granted.

The State seeks reversal of the judgments of the lower courts on…